Complaint,Petition: WELLS FARGO BANK NA V WISE, MELISSA A

On January 25, 2008 a Complaint,Petition was filed involving a dispute between Wells Fargo Bank Na, and Melissa A Wise, Unknown Parties In Possession #1 As To Unit #1, Unknown Parties In Possession #2 As To Unit #1, for REAL PROPERTY/FORECLOSURE in the District Court of Palm Beach County.

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IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR PALM BEACH COUNTY

Wells Fargo Bank, N.A., as Trustee for Option
One Mortgage Loan Trust 1999-A Asset-
Backed Certificates, Series 1999-A
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Plaintiff, Division#: 502008 CA 0 0220 9XXXXMB
(Melissa A./Wise; Unknown Parties in

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•Possession #fpUJnknown Parties in
Possession #271f living, and all Unknown
Parties claiming by, through, under and

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against the above named Defendant(s) who
are not known to be dead or alive, whether
said Unknown Parties may claim an interest
as Spouse, Heirs, Devisees, Grantees, or

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Other Claimants

_____________ Defendant(s)._______________ IE
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Plaintiff, Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loarrjrust f^99-A

Asset-Backed Certificates, Series 1999-A sues Defendant(s), Melissa A. Wise; Unknown Parties
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in Possession #1; Unknown Parties in Possession #2; If living, and all Unknown Parties claiming
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by, through, under and against the above named Defendant(s) who are not known to be dead or

alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees,
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or Other Claimants, and states:
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GENERAL ALLEGATIONS

1. This is an action to foreclose a mortgage on real property located in Palm Beach

County, Florida.

2. On October 14, 1998, there was executed and delivered a promissory note and a

mortgage securing payment of said note to the payee named thereon. The mortgage was
recorded in Official Records Book 10702 Page 609 of the Public Records of Palm Beach County,

Florida, and mortgaged the property described therein, then owned by and in possession of

mortgagor, a copy of the note and mortgage is attached hereto as composite Exhibit "A".

3. Plaintiff is the owner and holder of the subject note and mortgage.

4. The mortgage of the Plaintiff is a lien superior in dignity to any prior or

subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's

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predecessors in interest.

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5. There has been a default under the covenants, terms and agreements of the note

and mortgage in that the payment due November 1, 2007, and all subsequent payments, have not

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been paid.

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Plaintiff declares the full amount payable under the note and mortgage to be due.
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7. A principal balance of $65,614.95 is due and owing to the Plaintiff, with interest
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from and after October 1, 2007, and title search expense for ascertaining necessary parties to this

action.
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8. In order to protect its security, the Plaintiff may have advanced and paid Ad

Valorem taxes, premiums on insurance required by the mortgage and other necessary costs, or
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may be required to make such advances during the pendency of this action. Any such sum so
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paid will be due and owing Plaintiff.
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9. All conditions precedent to the acceleration of this mortgage note and to
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foreclosure of the mortgage have been fulfilled or have occurred.

10. The record legal title to said mortgage property is now vested in Defendant(s)

Melissa A. Wise.
11. For purposes of collection and foreclosure, the Plaintiff has retained the

undersigned attorney and is obligated to pay said attorney a reasonable fee for his services.

COUNT I

12. Plaintiff realleges and reincorporates paragraphs 1 thru 11 above as is fully set

forth herein.

13. That the Defendants, UNKNOWN PARTIES IN POSSESSION #1; UNKNOWN

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PARTIES IN POSSESSION #2, might have some claim or demand in the subject to real

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property by virtue of possession, whether by tenancy from the record title holder or mere

possession only.

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WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a

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judgment of foreclosure, award attorney fees, costs, interest, advances and for such other and
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further relief that this court deems just and proper.
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COUNT II (REESTABLISHMENT OF LOST NOTE)

14. This is an action to reestablish a Promissory Note under F.S. 673.3091.
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15. Plaintiff hereby realleges and reasserts all the allegations contained in Paragraphs

1 through 11 herein.
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16. On October 14, 1998, at Palm Beach County, Florida, there was executed and
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delivered to Option One Mortgage Corporation a Promissory Note and Mortgage in favor of
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Option One Mortgage Corporation, in the principal amount of $72,000.00.
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17. The original Note was lost, and said document is no longer within the custody or

control of the Plaintiff.

18. Plaintiff knows of no parties except the Plaintiff and Defendants who are

interested in the reestablishment of said document.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage; and

demands an Order reestablishing said lost document; and if the proceeds of the sale are

insufficient to pay Plaintiffs claim, a deficiency judgment, unless any defendant personally liable

shall have been discharged from liability under the subject note pursuant to the provisions of the

Bankruptcy Code 11 U.S.C Section 101, et.seq.

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By:___ /J________
QK) FL
COLLEEN M. COLTON

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Bar # 0015167KIMBERLY A. HUMPHREY
K ' FL. BAR NO. :0008745

’ SHAPIRO & FISHMAN, LLP
Attorneys for Plaintiff

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2424 North Federal Highway
Suite 360
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Boca Raton, Florida 33431
Telephone: (561) 998-6700
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Fax: (561) 998-6707
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This is an attempt to collect a debt and any information obtained will be used for that
purpose.
08-090097
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Oct-21-1992 Ba:L?ajt 98-40773^)
ORB 13702 Pg Geg
Can 72,880.88 Boe 252.08
WHEN RECORDED MAIL TO: lot 144.88
meaimsgitinnaannBgMiaim
Prepared by:

OPTION ONE MORTGAGE CORPORATION
P.O. BOX 57075
IRVINE, CA 92619-7C76
ATTN: QUALITY CONTROL

Loan Number: 071019627
Servicing Number. 12C295-1

(Space Above This Line For Recxudaig

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MORTGAGE
THIS MORTGAGE (’‘Security Instrument') is given on -October 14, 1998 .The mortgagor is
MELISSA A. WISE, AN UNMARRIED WOMAN

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whose address is 990 SAINT GEORGE ST , WEST PALM BEACH. FL B3415
('Borrower').
This Security Instrument is given to
OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION

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which is organized and existing under the laws of CALIFORNIA . and whose address is
3 Ada, Irvine, CA 92618 ('Leoder’).
Borrower owes Lender the principal sum of SEVENTY TWO THOUSAND
.AND NO/lOOTHs IE
Dollars (U.S. $72,000.00
This debt is evidenced by Borrower's note dated the same date as this Security Instrument (’Note'), which provides for monthly
payments, with the full debt, if not paid earlier, due and payable on November oi, 2028
).
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This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all rencu-aR
extensions and modifications of the Note; (b) the pay'tnent of all other sums, with inrerest. advanced under paragraph 7 to protect
the security of this Security Instrumeni; and (c) the performance of Borrower's covenants and agreements under this Securitv
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lastruinem and the Note. For this purpose. Borrower docs hereby mortgage, grant and convey io Lender the following described
propeny located in Palm Beach County, Florida:
00-42-44-02-08-000-0090
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LOT 9, FERGUSSON COURT, AN UNRECORDED SUBDIVISION. FURTHER ngcrPTRFp AS FOLLOWS :
THE NORTH 87.15 PEET OF THE NORTH 174.29 FEET TO THE EAST 128.08 FEET OF TRACT 59
MODEL LAND
COMPANY'S SUBDIVISION OF SECTION 2, TOWNSHIP 44 SOUTH, RANGE 42 EAST, AS RECORDED IN
PLAT BOOK 5. PAGE 80, PALM BEACH COUNTY PUBLIC RECORDS.
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which has the address of 890 SAINT GEORGE ST, WEST PALM BEACH
(Sneet. C«yf,
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Florida 33415 ('Propsny Address');
(Tap Code)

TOGETHER WITH all the improvements now or hereafter erected on the properry, and all casements, appurtrnanres, and
fixtures now or hereafter a pan of the property. All replacements and additions stall also be covered by this Security Instrunicni.
All of the foregoing is referred to in ihis Security Instrument as the ’Property.’
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and
will defend generally the tiilc to the Property against all claims and demands, subject to any ^nrnrnt>ranees of record.
COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepaymern and Laic Charges. Borrower shall promptly pay when due the principal
of and interest on the debt evidenced by the Note and any prepayment and late charges due under the iS'ote.

FLOJUDA'Sc^gle
?’r : cf 6 H.D10011 (05-28-9S)
ORB 1-0 Pg 1_0

Loan Number: 071018627 Servicing Number: 120295-1 Dare: 10/14/96

2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender. Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds"') for: (a) yearly taxes
ar.d assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the
provisions of paragraph 8. in lieu of the payment of mortgage insurance premiums. These items are called 'Escrow hems.* Lender
miy. at any time, collect and bold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage

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loin may require for Borrower's escrow account under the federal Real Estate Settlement Procedures An of 1974 as amended from
time to time. 12 U.S.C. 5 2601 et seq. ('RESPA"). unless another law that applies to the Funds sets a lesser amount, if so. Lender
may. at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds
due on the basis of current data and reasonable estimates of expenditures of (inure Escrow Items or otherwise in accordance with
applicable law.

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The Funds shall be held in an institution whose deposits arc insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Items. Lender may not Charge Borrower tor holding and applying rhe Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such
a charge. However. Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used
by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law

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requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on inc Funds. Borrower and
Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charee,
an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was
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made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law. Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time
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is not sufficient to pay the Escrow Items when due. Lender may so notify Borrower in writing, and. in such ease Borrower shall
pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve
monthly payments, al Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds
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held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property. Lender, prior to the acquisition or sale of the
Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this
Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs
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1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third,
to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions auributablc to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these
obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay them on time dircctiv to the
person-owed payment. Borrower shall promptly furnish to Lender ail notices of amounts to be paid under this paragraph. If
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Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien
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by. or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security instrument. If Lender determines that any pan of the Property is subject to a lien which may attain priority over this
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Security Instrument. Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more
of the actions set forth above within 10 days of the giving of notice.
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5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term 'extended coverage* and any other hazards, including floods or
flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld. If Borrower fails to maintain coverage described above. Lender may, at Lender's option, obtain coverage
to protect Lender's rights in the Properly in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall
have the right to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. In the event of loss. Borrower shttl! give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance prorerds shall
be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and
then, at Lender's option, in such order and proportion as Lender may determine in its sole and absolute discretion, and regardless
of any impairment of security or lack thereof: (i) to the sums secured by this Security Instrument, whether or not then due. and
to such components thereof as Lender may determine in its sole and absolure discretion; and/or (ii) to Borrower to pay the costs
and expenses of necessary repairs or restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the
Property, or docs nor answer within 30 days a notice front Lender that the insurance carrier has offered to settle a claim. Lender
may collect the insurance proceeds. Lender may, io its sole and absolute discretion, and regardless of anv impairment of security

Pag: 2 of 6 FLD100I2 (O5-28-W1
ORB Pg &11

Loan Number: 071018627 Servicing Number: 1202S5-1 Dh:c: 10/14/99

or lack (hereof, use the proceeds to repair or restore the Properly or 10 pay the sums secured by this Security Instrument, whether
or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall net extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under
paragraph 21 the Property is acquired by Lender. Borrower’s right to any insurance policies and proceeds resulting from damage
to the Property prior 10 the acquisition shall pass to Lender to the extent of the sums secured by this Security instrument immediately

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prior to the acquisition.
If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Propcrry and such
insurance is not specifically required by Lender, then such insurance shall (i) name Lender as loss payee thereunder, and (ii) be
subject to the provisions of this paragraph 5.
6. Occupancy. Preservation. Maintenance and Protection of the Properly; Borrower’s Loan Application; Leaseholds.

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Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the terms contained
in the Note unless the propeny is to be occupied by Borrower as Borrower’s primary/secondary residence. Lender makes non-
owner residence loans of different terras. Borrower promises and assures Lender that Borrower intends to occupy this property as
Borrower’s primary/secondary residence and that Borrower will so occupy this property as its sole prinury/secondary residence
within sixty (60) days after the dale of the Security Instrument. If Borrower breaches this promise to occupy the property as
Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies

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provided in the Security Instrument; (1) Declare all sums secured by the Security Instrument due and payable and foreclose the
Security Instrument, (2) Decrease the term of the loan and adjust the monthly payments under the Note accordingly, increase the

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interest rate and adjust the monthly payments under the Note accordingly, or (3) require that the principal balance be reduced to
a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied loans.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Propeny. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender’s
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good faith judgment could result in forfeiture of the Propeny or otherwise materially impair the lien created by this Security
Instrument or Lender’s security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing
the action or proceeding to be dismissed with a ntling that, in Lender's good faith determination, precludes forfeiture of th*
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Borrower’ 5 'interest in the Property or other material impairment of the lien created by this Security Instrument of Lender’s security
interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate
information or stzietnenis to Lender (or failed to provide Lender with any material information) in connection with the loan
evidenced by the Note, including, but not limited to. representations concerning Borrower's occupancy of the Property’ as a principal
residence. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease, If Borrower
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acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees »o the merger in writing.
Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to affect the Property
or any portion thereof or Borrower’s title thereto, the validity or priority of the lien created by this Security losirument, or the rights
or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower, whether accrued
before or after the date of this Security Instrument, for damage or injury to the Property or any part thereof, or in connectinn with
any transaction financed in whole or in pan by the proceeds of the Note or an}' other note secured by this Security Instrument, by
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Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in ton or contract
and causes of action for fraud or concealment of a material fact, are. at Lender's option, assigned to Lender, and the proceeds
thereof shall be paid directly to Lender who. after deducting therefrom all its expenses, including reasonable attorneys’ fees, may
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apply such proceeds to the sums secured by (his Security Instrument or to any deficiency under this Security Instrument or may
release any monies so received by it or any pan thereof, as Lender may elect. Lender may, at its option, appear in and prosecute
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in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof.
Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate
the foregoing provisions and as Lender shall request.
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7. Protection of Lender's Rights in (he Property. If Borrower fails (o perform the covenants and agreements contained in
this Security Instrument, or there is a legal proceeding that may significantly affect Lender’s rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay
for whatever is necessary to protect the value of the Property and Lender's rights in the Propeny. Lender’s actions may include
paying any sums secured by a lien which has priority over this Security' Instrument, appearing in court, paying reasonable attorneys’
fees and entering on the Propeny to make repairs. Although Lender may take action under this paragraph 7, Lender does not have
to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Securitv
Instrument. Unless Borrower and Lender agree 10 other tenns of payment, these amounts shall bear interest from the dare of
disbursement at the Note rate in effect from time 10 rime and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Insurance:. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument. Borrower shall pay the premiums required »o maintain the mortgage insurance in effect. If. for any reason, the mortgage
insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the mortgage insurance previously in effect, ar a cost substantially equivalent to the cost to Borrower of
the mongage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent
mortgage insurance coverage is not available. Borrower shall pay to Lender each month a sum equal lo onc-iwdfth of the yearly
mortgage insurance, premium being paid by Borrower when the insurance coverage lapsed or ceased 10 be in effect. Lender will

Pice 5 of b FLDlCiOB^05-28-9S)
ORB 10702 Pg 612

Loan Number: 071018627 Servicing Number: 120295-1 Date: 10/14/98

accept, use and retain these payments as a loss reserve in lieu of mongaee insurance. Loss reserve payments may no longer be
required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided
by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain
mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with
any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give

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Borrower notice at the rime of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in conncctioa with any
condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall
be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same maimer as provided in paragraph 5
hereof with respect to insurance proceeds.

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If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender
is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured
by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.

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11. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not

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operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend lime for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors
in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any
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right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17.
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Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not
execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower s interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument: and
ORB 13782 Pg

Lean Number: 071018627 Servicing Number: 12C295-1 Date: 10/14/98

ADJUSTABLE RATE RIDER
(LIBOR Index - Rate Caps)

THIS ADJUSTABLE RATE RIDER is made October 14, 199S
and is incorporated into and shall be deemed to amend and supplement the Mongage, Deed of Trust or

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Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to
secure Borrower's Adjustable Rate Note (the "Note") to
OPTIOW ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION
(the "Lender") of the same dare and covering the property described in the Security Instrument and located

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at:

890 SAINT GEORGE ST, WEST PALM BEACH, FL 33415
[Properry Address]

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THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES TN THE INTEREST
RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE
BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE
MAXIMUM RATE THE BORROWER MUST PAY.
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ADDITIONAL COVENANTS. In addition to the covenants and agreements’ made in the Security
Instrument. Borrower and Lender further covenant and agree as follows:
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The Note provides for an initial interest rate of 8.750% . The
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Note provides for changes in the interest rate and the monthly payments, as follows:

4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of November 2001
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and on that day every sixth month thereafter. Each date on which my interest rate could change is called a
"Change Date."
(B) The Index
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Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the
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average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market
("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first
business day of the month immediately preceding the month in which the Change Date occurs is called the
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"Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon
comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
FIVE and 30/100 percentage point(s) ( 5.300% )
to the Current index. The Note Holder will then round the result of this addition to the next higher oae-eiahth
of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded, amount will

MUr.nSTATE ADJUSTABIJF. RATE RIDER-LIBOR INDEX - Single Family
Page 1 of 3 USRI0021 (01-14-97)
0R& 10792 Pg

Loan Number: 071018627 Servicing Number: 120295-1 Date: 10/14/98

be my new interest rate until tbc next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to
repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my
new interest rate in substantially equal payments. The result of this calculation will be the new amount of my
monthly payment.
(D) Limits on Interest Rate Changes
The interest rate 1 am required to pay at the first Change Date will not be greater than
li.750c or less than -8.750% . Thereafter, ray interest rate will never

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be increased or decreased on any single Change Date by more than one percentage point (1.0^) from the rate
of interest 1 have been paying for the preceding six months. In no event will my interest rate be greater
than 14.750% or less than e.750%

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(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of mv new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again.
(F) Notice of Changes

D
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount
of my monthly payment before the effective date of any change. The notice will include information required

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by law to be given me and also the title and telephone number of a person who will answer any question I may
have regarding the notice.
IF
TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Covenant 17 of the Security Instrument is amended to read as follows:
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Transfer of the Property or a Beneficial interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower
is not a natural person) without Lender’s prior written consent. Lender may. at its option, require immediate
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payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised
by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall
not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to
evaluate the intended transferee as if a new loan were being made to the transferee.- and (b) Lender reasonably
determines that Lender’s security will not be impaired by the loan assumption and that the risk of a breach of
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any covenant or agreement in this Security Instrument is acceptable to Lender.

To the extent permitted by applicable law. Lender may charge a reasonable fee as a condition to
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Lender’s consent to the loan assumption. Lender may also require the transferee to sign an assumption
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agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements
made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and
this Security Instrument unless Lender releases Borrower in writing.
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If Lender exercises the option to require immediate payment in full. Lender shall give Borrower notice
of acceleration. The notice shall provide a period of not Jess than 30 days from the date the notice is delivered
or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.

MULTISTATE ADJUSTABLE RATE RtDER-IJBOR INDEX-Single ramify
Page 2 cf3
VSR1(X)12 (O'-14-97j
ORB Pg &3.-?’
raWTMT H. tfiuo, CLERK P8 CfflflfR, FL

txtan Number: 971G1B627 Servicing Number: Date: 10/'14z,9B

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Adjustable Rate Rider.

.(Sal) /Sod)
MELISSA A. WISE

PY
/Seal)

CO
2-tScai) .(Sal)

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IF
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MULTLSTATE ADJUSTABLE RATE RIDER-LIBOR INDEX-Smgie Fam3y
Eaje 3 cf 3
USRI0023 iOl-ia-97)
Page: 1

RECEIPT

PALM BEACH CTY CIR CT JISPROD

Receipt Number: CAMB193417
Date: 25-JAN-2008

PY
Cashier: KBUTLER

Payor: SHAPIRO & FISHMAN
Addr:

CO
Violation/Docket Description Amount

Case: 2008CA002209 - WELLS FARGO V MELISSA WISE
Party: WELLS FARGO BANK NA
FEE/LIS PENDENS ($5.60) 5.10

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CAFF 256.00
CAFF 4.00

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CHECK RECEIVED GENERAL ACCT -265.10

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Total Fees: 265.10

Total Payment: 265.10

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Case Info

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Document Filed Date

January 25, 2008

Case Filing Date

January 25, 2008

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